Tag archives: Restraints of trade

Delictual claim for unlawful interference with contract reined in

By Patrick Bracher (ZA) on December 6, 2016 Posted in General

In the battle between Pick ‘n Pay and Masstores for exclusive rights to trade as a supermarket in a shopping complex the Constitutional Court, in holding for Masstores, has set out the limits for this type of delictual claim. Pick ‘n Pay sued Masstores directly because their method of trading allegedly infringed Pick ‘n Pay’s … Continue reading

Restraints of trade can pass competition law muster

By Lara Granville on July 28, 2015 Posted in General

The Competition Tribunal in RCS Cards (Pty) Limited v The Consumer Finance Business of the JD Group Limited has affirmed that a restraint of trade clause contained in a sale of business agreement will not necessarily be considered anti-competitive. However, the restraint has to be justifiable in the circumstances and concluded for a reasonable period … Continue reading